Court No. - 42
Case :- WRIT - C No. - 17584 of 2021 Petitioner :- Sunny Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yashpal Yadav,Dheeraj Giharwal Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record.
Present petition has been filed with the following prayers:
(I) issue a writ order direction or direction in the nature of mandamus and direct the respondent Additional Secretary Madhyamik Shiksha Parishad, Regional Office Varanasi and Secretary Madhyamik Shiksha Parishad Uttar Pradesh, Allahabad to make appropriate correction in spelling of name and date of birth of the petitioner within specified time frame.
(II) Issue a writ order or direction in the nature of mandamus and otherwise direct the respondent Additional Secretary Madhyamik Shiksha Parishad, Regional Office Varanasi and Secretary Madhyamik Shiksha Parishad Uttar Pradesh, Allahabad to otherwise consider and dispose of application of the petitioner dated 26.9.2017 by a reasoned and speaking order within a specified time frame.
Learned counsel for the petitioner submits that the application of the petitioner is pending since 2017.
Learned Standing Counsel appearing for the respondents states that the grievance of the petitioner can first be looked into by the respondent no. 3 Additional Secretary Regional Office Madhyamik Shiksha Parishad, Varanasi. For this purpose, the petitioner may file a fresh representation before the said respondent.
In view of the aforesaid, without going into the merits of the claim of the petitioner, this petition stands disposed of with liberty to the petitioner to file a fresh representation before respondent no. 3 along with self attested copy of this order within 15 days from today, which shall be considered and decided by the respondent no. 3 on its own merit, preferably within a period of three months from the date of filing of such representation.
It is made clear that this Court has not examined the merits of the claim of the petitioner, which shall be looked into by the said respondent while deciding the claim of the petitioner.
With the aforesaid observation/direction, this writ petition is finally disposed of. No order as to costs.
Order Date :- 30.7.2021 Abhishek